Pursuing state torts

This letter was written by a person incarcerated at Vacaville.

In 2019, I was raped multiple times by a prison staff member. At the same time, my friend was sexually battered multiple times by the same person. We are both witness to what happened to each other. We did not immediately report, due to our fears of retaliation from staff.

In 2020, we both transferred out of that prison, and on September 1, 2020, we both filed formal PAGA complaints to CDCR. CDCR has already retaliated us by separating us where we were cellmates. We both fear and know further retaliation is eminent, as that’s how PREA works in CDCR. We will be pursuing state torts, and 1983 8th and 4th Amendment violation actions against CDCR and the staff member. This will be a very high-profile case.

With the passage of SB132 in CA, allowing trans incarcerated to be housed according to their gender identity, my friend is seeking damages from CDCR for its deliberate indifference to the serious risk to my friend because of them housing her, a female, in a male institution. My friend had placed CDCR on notice of her safety concerns in 2018, and my friend was eventually sexually assaulted by a male staff. My friend has reserved her legal rights.

I am bringing a 1983 action for CDCR’s deliberate indifference to my safety, resulting in me being a victim of five assaults by inmates and three assaults by staff. Prior to all of these, I notified CDCR multiple times, using multiple avenues, of my safety concerns; by verbal expression, by mail, by grievance, by my family contacting CDCR, and by my family contacting the ombudsman. I sustained physical injury, and a false rules violation report, and an extended stay in ASU.